Arizona Probable Cause
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You may not realize it but police officers in Arizona are required to have probable cause in order to stop your vehicle. For example, they cannot stop your vehicle just because you are a certain race or gender. They must observe you doing something which is deemed unlawful. If you have been charged with a DUI, it is imperative that police followed their rules according to probable cause. Failure to do so could result in the dismissal of your DUI charge.

Probable Cause to Stop Your Vehicle

Before an Arizona police officer questions you for drinking and driving, he or she must come into contact you. Here are some of the legal ways for an officer to stop you due to probable cause:
  • You have been stopped due to a sobriety checkpoint (aka a road block)
  • The officer observed you conducting a lesser traffic violation (ie: speeding) and upon approaching you noticed signs of intoxicated and therefore proceeded with a DUI investigation
  • The officer observed you driving erratically (ie: swerving, changing lanes without signaling) indicating that you were DUI
  • The officer received a report from another driver indicating your poor driving behavior. The officer must observe you driving this way before stopping your vehicle
  • You were involved in a car accident and the officer reported to the scene
The DUI Investigation

Now that the officer has stopped your vehicle, he or she must observe the following symptoms before conducting a DUI investigation:
  • An odor of alcohol coming from the car or the driver
  • Slurred speech, watery or blood shot eyes
  • Difficulty understanding questions and communicating with the officer
  • Seeing alcohol containers in your vehicle in plain-view
  • Admittance to drinking alcohol and driving
In Arizona, if the officer observes enough to have a reasonable suspicion that you were drinking and driving, he or she can legally proceed with a DUI investigation. The next step is that the officer asks you to perform a field sobriety test or submit to a chemical test. If the police did not have probable cause the prosecution has no case!
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Northwest Valley and Phoenix Office
5400 W. Northern Avenue . Suite 104
Glendale, AZ 85301
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Phone: 623-931-6362 . Fax: 623-931-1061
Email: azduiatty@aol.com